ENVIRONMENTAL ADVOCACY RESOURCESNew Cyanide Leach Mining Information Packet:http://www.mineralpolicy.org/files/Cyanide_Leach_Packet.pdf
We have just updated our Cyanide Leach Mining Information Packet.
This information packet is designed to give readers a closer look
at cyanide and the leaching process used in mining. It provides useful
information from Cyanide Uncertainties, TRI, ATSDR "ToxFAQS", The
Washington Post, and includes several fact sheets. To receive a copy,
please email us at mpc@mineralpolicy.org
or call us at (202) 887-1872. It can also be viewed and downloaded
from the above link, and should be on our website within the next
few days.

NAFTA Panel to Hear U.S.-Canada Gold Mine Dispute

WASHINGTON, DC, August 10, 2007 (ENS) - Next week, an international arbitration panel will hear a dispute between Canada and the United States over an open-pit, cyanide heap leach gold mine proposed but not developed in the California desert.

The arbitration is an attempt to settle a claim by a Canadian gold mining corporation that the U.S. refusal to approve its mine proposal violates the North American Free Trade Agreement, NAFTA.

In the early 1990s, Glamis Gold, Ltd. proposed the mine that opponents say would have destroyed a pristine desert wilderness area, consumed 389 million gallons of desert groundwater annually, and impacted sites sacred to the Quechan Indian Nation.

Glamis merged with another Canadian company, Goldcorp, last November, creating one of the world's largest gold mining companies with operations in Canada, the United States, Mexico, Central and South America, and Australia.

In 2001 in the last days of the Clinton administration, Interior Secretary Bruce Babbitt refused to approve Glamis's mining mining plan because of the threat it posed to the sacred tribal lands.

California later passed a law requiring open pit mines to be refilled after mining was completed, a process the company argues is too expensive to make the mine profitable.

The Bush administration reversed the Babbitt decision, but still has not issued the necessary permits. The California reclamation law is still on the books.

Glamis claims the California law and the Babbitt denial violate NAFTA, which provides special protection for the profits of foreign companies.

In July 2003, Glamis Gold filed a US$50 million claim against the United States for profits it claims to have lost as a result of the actions taken by California and the federal government to protect the environment and indigenous communities.

Although the law and regulations apply broadly to all open-pit mines and investors throughout the state, Glamis argues that federal and state actions violate two central rules in NAFTA Chapter 11: the prohibition on expropriation, and the requirement to provide "fair and equitable" treatment to foreign investors.

In 2006, environmental groups filed an amicus petition in defense of the right of the US and state governments to protect important interests, including the desert resources and Quechan sacred sites at stake in this case.

The nonprofit, public interest law firm Earthjustice says Glamis' claim "highlights the power the United States is giving foreign corporations - through trade agreements like the Peru and Panama free trade agreements Congress is presently considering - to avoid and undermine protections for the environment, indigenous rights and other public concerns."

Authorities Hunt Keg of Potent Chemical that Fell
from Truck in North Dakota

October 08, 2004
By Associated Press
DEVILS LAKE, North Dakota

Three drums filled with sodium cyanide fell off a truck, and one barrel remains missing. Authorities said beekeepers planned to use the dangerous chemical as a pesticide and could be fined.

The Ramsey County sheriff's office has declined to say how or when the kegs of sodium cyanide disappeared or who was involved, citing the pending investigation.

Farmers found two, 30-gallon kegs alongside a state highway east of Devils Lake on Sept. 30. The missing barrel is believed to have fallen off the back of the truck somewhere between Devils Lake, in the east-central part of the state,and Cavalier, near the state's northeast corner.

The chemical was being brought into the state by beekeepers to sterilize equipment and kill bees at the season's end, said Andrew Thostenson, North Dakota State University pesticide specialist.

Sodium cyanide reacts with water to create lethal hydrogen cyanide gas, which can kill a person in five minutes, he said.

"It isn't illegal to possess the compound, but it also isn't registered as a pesticide anywhere in the United States, so
its appearance in North Dakota should throw up red flags," Thostenson said.

The beekeepers could be fined up to $6,000, said Jeff Olson, a program manager at the state Agriculture Department. He said department officials investigated and were surprised to find that use of the chemical as a pesticide was widespread, with 18 kegs shipped into the state.

The disappearance of one keg attracted the attention of the FBI and the Department of Homeland Security.

"The people in homeland security and the FBI are not amused," Thostenson said.

Sodium cyanide is registered for use in the commercial chrome plating and in mining for extracting gold and silver from ore.

Big news minutes ago from Summit County Colorado. Jeff Parsons
just came out of the County Commissioners hearing where the County has
just enacted regulations banning cyanide and other toxic chemicals used
in mineral processing (I think only for gold/silver, but I'm not sure).

Jeff said the industry pulled out all the stops. A number of Colorado's
biggest and most powerful law firms, the State mining agency, AngloGold
(represented by Tom Strickland, former US Attorney for Colorado and
recent Democratic US Senate candidate), Climax/Phelps Dodge, etc.,
all argued against Jeff and a coalition of local enviros, sportsmen
and women, and citizens.

The Harder They Come
The Harder They Fall

A true victory for the people!

Roger Flynn
Western Mining Action Project

Summitville disaster brings change

June 05, 2003
By By DAMON HALEY
Alamosa Valley Courier (Colorado). at
zwire.com

Conejos County Citizen (Colorado)

CAPULIN - Since the Sum-mitville mine was declared a Superfund site
in 1992, residents downstream along the Alamosa River have had many
victories.

Through community efforts, the Alamosa River basin community has enabled
two foundations with a total of $6.5 million in funds that are being
used to restore the river basin with input from the people the damaged
river affects most.

Residents are also empowering themselves by being part of the technical
advisory groups that the state and federal government have set up to
dialogue with the community about Superfund clean up efforts, water
purifying, and the reintroduction of aquatic life to the river.

Another group is taking on the task to stop future Summitvilles, by
trying to ban open leach pit mines statewide.

Dr. Colin Henderson, a physician who lives near the Alamosa River,
is the president of a grass roots coalition of concerned Colorado citizens
called the Alliance for Responsible Mining, which formed after Montanans
passed a bill which prohibited any new open-pit cyanide gold mines in
1998.

"Our goal is to pass similar legislation in Colorado," said Henderson.
"We want to see that another open pit cyanide mining disaster never
happens again. Open pit cyanide mining is a failed technology. We've
been working the last four or five years on legislation to ban open
pit cyanide mining statewide."

"The bill died in committee," said Henderson. "But it was the first
year we had it introduced. It's a long-term project and we're against
the powerful gold mining industry lobbying power in Denver. We're working
with counties and we've had 11 counties come out in support of the ban
and we're supported by the Conejos County and Costilla County Commissioners."

"A statewide ban is important, because what if the county up stream
doesn't care," said Henderson.

"Every county that's lived through the creation, operation, and shutdown
of one of these mines is now against the practice.Rio Grande County
had all the advantage of employment when Summitville operated for six
years, but Conejos County was downstream and we got all the disadvantage.It's
very clear that even folks that benefited economically wouldn't want
to do it again. Most counties are saying they don't want this stuff,"
he said.

The group is trying to expose similar mining practices in other parts
of the state. Spills, leaks and other problems poisoned San Luis drinking
water, forcing closure of Battle Mountain Gold's San Luis Mine. The
state's only remaining cyanide-gold operation is the huge Cripple Creek
& Victor, which has been cited for serious federal Clean Water Act violations.

"If Summitville was the only problem, then we wouldn't be doing this,"
said Henderson. "Battle Mountain Gold had a mine above San Luis that
is very problematic. There's a big mine in Victor, that's four times
the size of Summitville that already had over 20 violations of the EPA's
Clean Water Act last fall. If mines are on federal land, they can get
leases from BLM or the U.S. Forest Service for no money. We have a letter
from San Luis Chamber of Commerce, saying they're not in favor of these
types of mines anymore. In Montana, they understand that the water is
so valuable. We're farmers and need it and draught has made us even
more aware. Water is one of Colorado's most valuable long-term resources."

Much of the community has used tragedy and bad decision to start a
new era in the Alamosa river basin. "One of the goals in my mind is
community empowerment," said Alan Miller, who heads the Alamosa River
Restoration Project and has been involved with river restoration issues
since Summtiville.

"You put them in the equation along with the government and the environment.
The whole river has gotten a lot of coverage. It's important to the
whole state and to the whole county. We're coming from the bottom. It's
so important for us to succeed. The river has been abused. But the local
people, farmers, and ranchers want to see the river as it once was."

Alamosa Valley Courier 2003

Mining company appeals ruling on cyanide ban

Billings Gazette
Jan. 15, 2003
Associated Press

HELENA (AP) - A Colorado mining company on Tuesday asked the Montana
Supreme Court to throw out a district judge's ruling that upheld the
state's ban on the use of cyanide in gold mining.

Canyon Resources Corp. contends the ban, which voters enacted in 1998,
illegally crippled its plans for an open-pit mine near Lincoln.

The company's appeal challenges a decision by District Judge Jeffrey
Sherlock of Helena last month. Sherlock concluded the ban, enacted by
Initiative 137, did not violate Canyon Resources' constitutional rights.

In dismissing the company's lawsuit, Sherlock also rejected the claim
that Canyon Resources should be compensated for loss of its project.
Although the suit did not specify an amount, company officials have
said it could be $500 million.

"The citizens of Montana and Canyon Resources have been deprived of
substantial economic opportunities over many future decades with the
enactment of I-137," the company said in a statement Tuesday.

Richard DeVoto, company president, said he is not about to allow the
matter to drop with so much at stake.

"Canyon Resources and the Seven-Up Pete Venture will do everything
possible to realize the immense value of the world-class gold district
at McDonald/Seven-Up Pete for Montanans and our shareholders," he said.

DeVoto left open the option of reviving a similar lawsuit in federal
court that has been on hold while the state case proceeded.

State Solicitor Brian Morris, who defended I-137, said he was not
surprised by the appeal.

"It's appropriate for the Montana Supreme Court to decide an issue
of this importance," he said.

The District Court decision concluded that passage of the cyanide
ban neither altered any contract between the state and Canyon Resources
nor took away the company's property.

The state never signed any document promising developers they would
be allowed to open the mine and use cyanide in its operation, Sherlock
said. What's more, developers of the Seven-up Pete Joint Venture had
no property right in the project, but merely held leases giving them
the right to apply for a mining permit, he said.

In its statement Tuesday, the company said I-137 has eliminated all
new metal mining in the state, and estimated it has deprived Montana
of $150 million a year in investments that would otherwise occur because
of mineral exploration and development.

"Canyon Resources feels strongly that fairness and justice has not
been achieved by the District Court ruling," the company said.

Cyanide use in mining targeted

Opponents of ban cite likely job loss

By Joey Bunch
Denver Post Environment Writer

Friday, January 10, 2003 - Farmers, business interests, local governments
and environmentalists want to ban cyanide in gold-mining operations
in Colorado because they believe it poisons streams, wildlife and people.

But others stand behind the practice for the sake of future gold-mining
jobs, they say.

Heap leaching, as it's called, douses ore with cyanide to flush out
the last remaining bits of gold from the rocks.

As gold prices continue to outpace the stock market, mining companies
could turn to the practice to get the last traces of the mineral from
hundreds of long- closed mines across the state, predict opponents of
the practice.

"The big nuggets and veins are gone," said Carmi McLean, head of the
Denver-based Clean Water Action and a board member of the watchdog group
Alliance for Responsible Mining. "What's left is flakes and flecks that
are now worth going back after."

McLean said cyanide-mining opponents don't want to shut down the industry
but force it into more environmentally sound practices.

The Cripple Creek and Victor Mine in Teller County southwest of Colorado
Springs is the only mine in the state using cyanide. The mine will be
exempted from the ban, McLean said.

"We're not trying to take anybody's job," she explained.

The mine, in operation since the 1890s, is the largest employer in
Teller County, with 300 people on staff and 500 more workers employed
by contractors.

The mine's operators don't put much faith in the waiver, however.

The mine has permits that routinely come up for renewal that could
be challenged because of the ban, if it became law, said Amy Knous,
a spokeswoman for Anglogold North America.

"This is a very extreme environmental agenda, and it's not based on
science," she said.

There is no evidence to show cyanide from the mine is reaching the
watershed, and tough laws already on the books would punish the company
severely if it did, she said.

"Everybody understands that what we do is environmentally responsible,"
she said, referring to the proposed exemption, "so why jeopardize the
future of a good industry for this state?"

Cyanide mining bill introduced

ALAMOSA - With the words of a Sanford cattleman echoing through the
air, a local citizens' coalition is promoting legislation to ban new
open-pit cyanide gold and silver mines in Colorado.

Clarence Martin set the tone with his comments, "I'm not an environmentalist,
but we can't be polluting our rivers. You can't eat or drink gold, and
you can't live without clean water."

Senator Ken Gordon, D-Denver, on Wednesday introduced Senate Bill
26, that would prohibit new mines using the process in Colorado.

"We're excited that it (the bill) is finally introduced," said Dr.
Colin Henderson M.D., president of the San Luis Valley-based Alliance
for Responsible Mining.

At present, the Cripple Creek and Victor (CCV) mine is the only operating
open-pit cyanide gold mine in Colorado. Summitville and Battle Mountain
Gold Mine, both in the San Luis valley, have been closed, but still
arouse concerns, as cited by proponents of the bill.

"We're not against mining," explains Charlie Jaquez, a fifth generation
San Luis resident whose family lives below the Battle Mountain site,
"but this kind of mining is failed technology and must be stopped. True
reclamation is impossible. The state legislature must act now to protect
our water, our health, our children and our pocketbooks. Prevention
is the only answer."

Proponents of the bill explain that it is so important that a national
environmental group will be knocking on doors in Alamosa Friday and
Saturday, Jan. 10-11, urging residents to write their state legislators
to support the bill.

Cyanide is a highly toxic compound used to separate gold and silver
from ore. In Colorado, the chemical is used in open-pit, heap-leach
gold mining. In this process, huge pits are dug and lined with rubber
blankets, then extracted ore is dumped in heaps. A cyanide solution
is sprayed on the heap, then the cyanide trickles through and bonds
with the gold and silver flakes, which are then channeled into a holding
pond to be extracted. The cyanide solution is then sprayed over the
ore heap again and the process is repeated.

Leakage of the leach pad led to what has been called "the worst mining
environmental disaster in this country" at Summitville between 1986
and 1993. The Summitville spills poisoned the Terrace Reservoir, as
well as 17 miles of the Alamosa River, while putting economically important
crops at risk.

While some money has been recovered through litigation from officials
of mining companies that operated at Summitville, most of the burden
of the $180 million cleanup effort has been borne by the taxpayers.
Galactic Mining Company, of Canada, closed the mine, left the country
and filed for bankruptcy.

After the Summitville disaster, Colorado enacted a bill, SB 93-247
in an attempt to better regulate this type of mining, but Jaquez points
out that pollution problems continue to plague all the mines, including
those permitted after 1993.

When it was built, management of the Battle Mountain Gold Mine promised
a safe, "zero discharge, state of the art" facility, but cyanide levels
in the tailing ponds exceeded permit levels by 5,000 percent within
a year. The company was fined $86,700 for violations of its permit.

Jaquez notes that perpetual water treatment may be necessary to control
pollution still leaking from the site. A plume of contaminated groundwater
is thought to be slowly moving toward San Luis' wells.

The CC&V mine near Cripple Creek would be exempt from the legislation
as long as they change their reclamation plan to disallow deliberate
puncturing of the leach pad liners. In th past, CC&V has violated state
water quality standards and has been cited by the EPA for violation
of the Clean Water Act. This past fall, CC&V paid a $125,000 fine for
more than 20 violations of the Clean Water Act, and the EPA reportedly
named the company the largest emitter of toxic releases in Colorado.

McLean said the 1993 legislation does not address water quality problems
associated with open-pit cyanide mines and did nothing to prevent the
serious problems at Battle Mountain and CC&V. CC&V's closure plan currently
allows puncturing of the protective liners.

Martin expressed grave concern over that plan. "Even if they rinse
the cyanide heap, we can't allow CC&V to puncture the liner. After the
EPA washed out the Summitville heap for three years, it still held 93
million gallons of toxic soup and two tons of cyanide." He warned that
puncturing the liner would allow pollution to drain into the groundwater.

Henderson said the coalition supporting a ban on new cyanide gold
mines is diverse and bi-partisan. It has been endorsed by the Pueblo
Stockmen's association, Valley-Wide Health services and the Rocky Mountain
Farmer's union, as well as the county commissioners of Ouray, Park,
Chaffee, Conejos, Costilla, Pitkin, Rio Grande and San Miguel counties.
Support has also come from the San Luis chamber of Commerce, the Baca
Grande Fire department, Colorado Trout Unlimited, Clean Water Action,
the SLV Hispanic League, the Colorado Audubon Society, the Rocky Mountain
Sierra Club, the High Country Citizen's Alliance and the towns of Lake
City, La Jara, Crested Butte and Fairplay.